§ 26-5B-310 — Hearing and order.

(a) Unless the court issues a temporary emergency order pursuant to § 26-5B-204 , upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that: (1) The child-custody determination has not been registered and confirmed under § 26-5B-305 and that: (A) The issuing court did not have jurisdiction under Article 2; (B) The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2; or (C) The respondent was entitled to notice, but notice was not given in accordance with the standards of § 26-5B-108 , in the proceedings before the court that issued the order for which enforcement is sought; or (2) The child-custody determination for which enforcement is sought was registered and confirmed under § 26-5B-305 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Article 2. (b) The court shall award the fees, costs, and expenses authorized under § 26-5B-312 and may grant additional relief, including a request for the assistance of law enforcement officers, and set a further hearing to determine whether additional relief is appropriate. (c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal. (d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this article.

Legislative History

SL 2005, ch 137, § 32.